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05-26-20 CC Reg Mtg Agenda Packet CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS TUESDAY, MAY 26, 2020 7:00 P.M. Due to the Centers for Disease Control's recommendation limiting the number of people present at a meeting, and pursuant to MN Statute §13D.02, the Shorewood City Council meetings will be held by electronic means. For those wishing to listen live to the meeting, please copy this link into your https://us02web.zoom.us/j/89116603421?pwd=SjhrQmJHRzM1Z0NSOTFlYUFiaU0xQT09. browser: 891 1660 3421861610 When prompted for the meeting ID, enter , and the password is . A phone-in option is also available. Call 1.312.626.6799 or 1.929.205.6099 to listen with phone only audio. AGENDA 1. CONVENE CITY COUNCIL MEETING A. Pledge of Allegiance B. Roll Call Mayor Zerby___ Johnson___ Labadie___ Siakel___ Sundberg___ C. Review and Adopt Agenda Attachments 2. CONSENT AGENDA – Motion to approve items on the Consent Agenda & Adopt Resolutions Therein: A. City Council Regular Meeting Minutes from May 11, 2020 Minutes B. Approval of the Verified Claims List Claims List C. Approve 2020 Data Practices Policies and Updates City Clerk/HR Director Memo Resolution 20-047 D. Accept Bids and Award Contract for 2020 Pavement Marking, City Engineer Memo City Project 20-02 Resolution 20-048 E. Approval of Reimbursement Resolution City Administrator Memo Resolution 20-049 F. Right of Way Encroachment Agreement: 5885 Mill Street City Administrator Memo Resolution 20-050 G. Authorization to Hire Two Temporary Seasonal Workers Director of Public Works Memo 3. MATTERS FROM THE FLOOR (No Council Action will be taken) CITY COUNCIL REGULAR MEETING AGENDA – May 26, 2020 Page 2 4. PUBLIC HEARING 5. REPORTS AND PRESENTATIONS A. Dorothy Pederson, Riley Purgatory Bluff Creek Watershed Board 6. PARKS A. Accept Bids and Award Contract for the Badger Park Tennis Courts, City Engineer Memo City Project 20-01 Resolution 20-051 7. PLANNING A. Report by Commissioner Gorham on May 5, 2020 Park Commission Meeting Minutes B. Renewal of a Special Home Occupation Permit Planning Director Memo Applicant: Thomas Ramy Resolution 20-052 Location: 5825 Country Club Road C. Variance to Front Setback for a Garage Addition Planning Director Memo Applicant: Janelle Holle and Curtis Beuning Resolution 20-053 Location: 5815 Howards Point Road 8. ENGINEERING/PUBLIC WORKS A. Notice for Public Hearing for Mary Lake Outlet, City Engineer Memo City Project 19-09 Resolution 20-054 9. GENERAL/NEW BUSINESS A. Resolution Approving On-Sale Liquor License Fee Rebate City Clerk/HR Director Memo Resolution 20-055 B. Temporary Expansion of Outdoor Premises to On-Sale City Clerk/HR Director Memo Liquor Establishments Resolution 20-056 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff 1. Utility Rates City Administrator 2. April General Fund Budget Report Finance Director Memo 3. Re-opening Update City Administrator B. Mayor and City Council 11. ADJOURN 2A CITY OF SHOREWOOD 5755 COUNTRY CLUB ROAD CITY COUNCIL REGULAR MEETING COUNCIL CHAMBERS MONDAY, MAY 11, 2020 7:00 P.M. MINUTES 1. CONVENE CITY COUNCIL REGULAR MEETING Mayor Zerby called the meeting to order at 7:00 P.M. Due to the Centers for Disease Control’s recommendation limiting the number of people present at a meeting, and pursuant to MN Statute 13D.02, the Shorewood City Council meeting was held via electronic means. A. Pledge of Allegiance B. Roll Call Present. Mayor Zerby; Councilmembers Johnson, Labadie, Siakel, and Sundberg; City Attorney Keane; City Administrator Lerud; City Clerk Thone; Finance Director Rigdon; Planning Director Darling; Director of Public Works Brown; City Engineer Budde; and Communications and Recycling Coordinator Moore Absent: None C. Review and Adopt Agenda Johnson moved, Sundberg seconded, approving the agenda as presented. Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye 2. CONSENT AGENDA Mayor Zerby reviewed the items on the Consent Agenda. Siakel moved, Johnson seconded, Approving the Motions Contained on the Consent Agenda and Adopting the Resolutions Therein. A. City Council Regular Meeting Minutes from April 27, 2020 B. Approval of the Verified Claims List C. Accept Proposal for Inspection of Amesbury Well D. Approve Regular Appointment of Andy Eslinger as Street Inspector Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye 3. MATTERS FROM THE FLOOR CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 11, 2020 Page 2 of 9 Adam Luebke, St. Louis Park, stated that he was here representing his friend, Kathy Bakken, who lives at 5885 Mill Street regarding her concerns about the inability to hook up to City water. He explained that Ms. Bakken’s private well went dry on April 17, 2020 and since then has had conversations with both the City of Shorewood and the City of Excelsior about the problems of placing her private water line in the right-of-way. He gave an overview of where she would like to locate her water line and noted that there is a resident at 5830 who has a private water line that is within the right-of-way and is connected to City water. He explained that Ms. Bakken was told by the City that because of City regulations, private utilities are not allowed within private rights- of-way. He noted that Ms. Bakken has been using water from her neighbor to fill a 100-gallon tank on almost a daily basis. Public Works Director Brown stated that one of the City’s policies is that the city does not permit extending water services down the public right-of-way without an extension of the main itself. He explained that the watermain that is in this location belongs to the City of Excelsior but Ms. Bakken’s lot is within the City of Shorewood. He stated that he estimates that this extension would be approximately 140 feet parallel to the public roadway. He stated that while the City does want people hooked up to the system, it does not allow services to encroach into the right-of-way. He gave examples of how allowing this may cause problems with maintaining the system if there are leaks or other problems. Mayor Zerby asked if the City of Excelsior was not willing to extend their main to this property. Public Works Director Brown stated that was his understanding. City Administrator Lerud stated that to his knowledge, the City of Excelsior has not said no, yet, but noted that they have reached out to the neighboring properties to gauge overall interest in hooking up to water. Mr. Luebke stated that there would also be complications if Ms. Bakken decided to just drill a new well because of the location of the sewer line. He explained that the City of Excelsior has agreed to allow her to hook up to their water, it is just a matter of how it can get there. Public Works Director Brown stated that one possibility may be that the City of Excelsior allows Ms. Bakken to tap into one of the neighboring lines which will get it out of the public right-of-way and will take care of the City’s issues. He gave an overview of who is responsible for service within the right-of-way. Mr. Luebke shared some pictures of where they would like to see the water line run which would be parallel to an existing private line within the public right-of-way. He stated that he understands the City’s policy but there are already private lines within the right-of-way in the area that they are referring to. Councilmember Siakel suggested that the City make a concession in this case in order to allow Ms. Bakken to get water and discuss with Excelsior the possibility of extending water to the other neighboring properties. She stated that she feels the City needs to do something because there is a resident without water. Public Works Director Brown expressed his concerns with having problems with repairs in the right-of-way and how that will affect the private lines in the area. He stated that he also has concerns about setting a precedent by allowing this but noted that the City can explore with Excelsior the possibility of extending a main to this area. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 11, 2020 Page 3 of 9 Councilmember Labadie asked what kind of timeframe there would be for this resident to get water if the City continues to discuss and explore options with the City of Excelsior. Public Works Director Brown stated that he would estimate that they would probably be looking at a July or August timeframe. City Attorney Keane asked if Public Works Director Brown had looked at a temporary water supply. Public Works Director Brown stated that he had anticipated an option that would allow Ms. Bakken to hook up a hose, hose-bib to hose-bib with her neighbor, rather than having to fill a container every day. Mayor Zerby stated that the City needs to continue working to come up with a solution because water is an essential service. Public Works Director Brown noted that Ms. Bakken does have the option to look at drilling a new well in a different location. Mr. Luebke explained that the other only location for a well would be in Ms. Bakken’s backyard which would require going through a neighbor’s yard and will result in removal of several trees in order to get back there. He noted that the contractor also said that because of the current ground saturation it would not be possible to do the work right now. Councilmember Siakel asked Public Works Director Brown to take a look at some temporary options to get water to Ms. Bakken while longer term options are explored with Excelsior. Public Works Director Brown stated that staff will work as quickly as they can but there are a number of pieces that will need to be worked out to resolve this situation. Maeve Gallivan, 22680 Galpin Lane, stated that she has concerns about the families in her area with young, school-aged children, that don’t have a safe way to walk safely to school. She stated that this issue is the number one conversation between the people in her neighborhood. She stated that she would like to propose that the City come to their part of the City and try to get across Highway Seven safely so they can see where the children are expected to walk to school. She noted that the 2025 Comprehensive Plan mentions quality of life and trail connections however the people who live in her portion of the City are not served by those things because they do not have safe access to them. She stated that her neighborhood feels somewhat disregarded because the Galpin Lake sidewalk plans have been pushed all the way out to 2028. She reiterated her suggested that the Council come to their side of the City and see what their issues are. She stated that they would really like to connect with the rest of Shorewood safely and be able to have their kids walk to school. Mayor Zerby thanked Ms. Gallivan for bringing her concerns to the City. He noted that it had been a few years since the City had spoken with MnDOT regarding connecting the sidewalk to the street light crossing on Oak Street. He noted that he has been lobbying the State for quite a while about getting a safe way to cross Highway Seven. City Administrator Lerud noted that he had submitted a bonding request for Senator Osmek this year and noted that the City is exploring others ways to fund this project because it is too expensive for the City to undertake without State participation. Councilmember Siakel gave some background information on past discussions the City has had with regarding to trail connections in the Galpin Lake area. She noted that the Minnehaha Creek Watershed District will need to be involved as well. She explained that despite the entire Council wanting to put in a sidewalk down the road, it became such a complicated and cost prohibitive CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 11, 2020 Page 4 of 9 project that it needed to be postponed She stated that the City is continuing to work with the State and attempt to get some alternative funds and State participation to get a safe way to cross Highway Seven. She stated that it seems like putting in a sidewalk would be easy, but in this situation it is not. She reiterated that staff is continuing to look for ways to move forward. Councilmember Labadie thanked Ms. Gallivan for her presentation. She noted that back when this was previously discussed, the Council, Planning Commission and staff walked the area. She stated that she believes that the Council is familiar with the area and shares her concerns. Mayor Zerby encouraged Ms. Gallivan and her neighbors to contact their State representatives regarding this issue. 4. PUBLIC HEARING A. Street Reconstruction Bond Program City Administrator Lerud stated that the City currently levies $835,000 for street improvement expenses but that has not been enough to keep up with the needed repairs. He stated that the Council has been opposed to usual special assessments to fund street improvement projects. He noted that the State will allow the City to issue street reconstruction bonds. He introduced Shannon Sweeney of David Drown Associates to explain the bond program. Shannon Sweeney, David Drown Associates, gave an overview of the proposed street reconstruction bond program and various procedural requirements. He stated that this program requires a public hearing, public comment, and must be adopted by a two-thirds vote of the Council. He noted that this plan also has a thirty-day reverse referendum period which allows the public to call for a referendum vote. He reviewed the draft Street Reconstruction Bond Program and noted that it dovetailed nicely into the Capital Improvement Plan. He noted that the City has significant storm sewer needs in the community. He explained that the Street Reconstruction Bond Program would be like the City having a tool in their toolbox to fund these projects and complete the street projects for the first five-year period and noted that at the end of that period the City could once again go through this process for an additional give year period. Councilmember Johnson stated that he is comfortable with this option because the Council has discussed it many times. Mayor Zerby opened the public hearing at 7:45 p.m. Chris Macomber, 26390 Peach Circle, stated that he has been trying to find out more information on the Strawberry Lane project. He asked for details on that project and how it will affect properties on Peach Circle, especially with regard to drainage. City Engineer Budde stated that the City is in the very early stages of the Strawberry Lane project so there are not specifics other than some very high-level ideas of what they would like to see happen in the area. He noted that the City had completed the western Shorewood drainage study and taken that into consideration. He explained that the City plans to scope the project over the next year or so to figure out all the details Mr. Macomber is interested in. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 11, 2020 Page 5 of 9 Councilmember Siakel noted that the City did work with Barr Engineering which is a company that specializes in water issues and has looked at the entire area. She stated that the City is attempting to address issues with a well thought out master plan. Mr. Macomber stated that he appreciates the information and will make sure he and his neighbors stayed plugged in and informed as the process moves along. Councilmember Johnson stated that he lives in this area and has been talking to the neighborhood about their concerns. He noted that City Engineer Budde walked the neighborhood with him earlier this week to take a look at some of the issues. There being no additional public comments, Mayor Zerby closed the public hearing at 7:51 p.m. Sundberg moved, Johnson seconded, Adopting RESOLUTION NO. 20-040, “A Resolution Adopting a Street Reconstruction Plan and Approving the Issuance of General Obligation Street Reconstruction Bonds.” Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye 5. REPORTS AND PRESENTATIONS 6. PARKS 7. PLANNING 8. ENGINEERING/PUBLIC WORKS A. Accept Proposal for Mound Location and Consultation Framework Services City Engineer Budde explained that this is a proposal by Bolton and Menk to identify some Indian burial mounds and map out their locations within the City. He stated that knowing their location will allow staff to properly scope the projects and keep them on schedule. He noted that this proposal also includes agency coordination with the Office of the State Archaeologist and the Minnesota Indian Affairs Council with a total cost of forty-two thousand three hundred sixty dollars. Councilmember Sundberg asked if this was a pretty comprehensive proposal or if City Engineer Budde felt the City may still find additional mounds in the future. City Engineer Budde stated that it is tough to project and noted that this proposal will only map what the City already knows exists in the City. He stated that there is always a chance to encounter additional mounds that the City does not know about. Siakel moved, Johnson seconded, Adopting RESOLUTION NO. 20-041, “A Resolution to Accept Proposal for City-Wide Mound Location and Consultation Framework Services.” Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye B. Accept Feasibility Study and Authorize Preparation of Plans and Specifications for Beverly Drive and Cajed Lane Drainage Project, City Project 20-03 CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 11, 2020 Page 6 of 9 City Engineer Budde gave a brief overview of the feasibility study for the Beverly Drive and Cajed Lane drainage project. He reviewed the current conditions in the area with broken drain tile and water levels. He explained that the Western Shorewood Drainage study took a look at this area. He reviewed the proposed options for addressing the issues in the area including installing an eight-inch pipe at each basin outlet and a twelve-inch pipe from the junction of the two pipes to its discharge north of Smithtown Road. He noted that the City has included this project in their CIP and the total estimated project costs are four hundred eighty-six thousand dollars but noted that there may be additional costs for construction access. He reviewed the proposed schedule that would have construction beginning in August or September and completed by late October. He stated that he has gotten questions from residents in the area that are very specific to their properties. Mayor Zerby thanked City Engineer Budde and his team for the work they put into the presentation and noted that the graphics were very easy to understand and included quite a bit of detail. Derek Christianson, 27075 Beverly Drive, stated that he is concerned about private areas versus right-of-way and how this will be maintained in the future. He stated that he has concerns about it becoming a situation where the City will not maintain the line if it becomes clogged. City Engineer Budde stated that the City plans to take advantage of any existing drainage and utility easements. He noted that if the City does need to acquire right of entry or easements, they will be recorded against the property so that information is known, even in the future. Johnson moved, Labadie seconded, Adopting RESOLUTION NO. 20-042, “A Resolution Approving the Feasibility Study and Authorizing Preparing Plans and Specifications for the Beverly Drive and Cajed Lane Drainage Project, City Project 20-03.” Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye C. Accept Bids and Award Contract for the Public Works Roof Replacement Project, City Project 19-08 Public Works Director Brown stated that the City received and open bids via a Zoom call on May 5, 2020. He noted that there were thirteen bids submitted with the lowest responsible bid received from Peterson Brothers Roofing in the amount of one hundred eighty-four thousand eight hundred sixty dollars. He noted that there are some items that require a price per square foot, so he expects the project cost to be very near two-hundred thousand dollars which is still below the City Engineer’s estimated price for the project. Staff recommends approval. Labadie moved, Siakel seconded, Adopting RESOLUTION NO. 20-043, “A Resolution Accepting Bid and Awarding Contract for Public Works Roof Replacement Project, City Project 19-06.” Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye 9. GENERAL/NEW BUSINESS A. Accept GreenCorps Member from MPCA CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 11, 2020 Page 7 of 9 Communications and Recycling Coordinator Moore stated that the MPCA invited the City to apply to host a GreenCorps member. She explained that GreenCorps members are recent college graduates in the environmental field who are paid employees of MPCA. She stated that for the City, this individual would work in recycling, organics, waste reduction and environmental education and noted that the City would not be responsible for the cost of any of these services. She stated that the City would simply provide supervision, work space, as well as work assignments and guidance. She stated that being chosen to host a GreenCorps member at the City is an honor and noted that Shorewood is the first small city that she is aware of that has had this opportunity. Councilmember Sundberg commended Communications and Recycling Coordinator Moore for her work on this application Sundberg moved, Johnson seconded, Adopting RESOLUTION NO. 20-044, “A Resolution Accepting Appointment of GreenCorps Employee from the Minnesota Pollution Control Agency.” Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye B. Approve Polling Location Changes for Precinct 1 City Clerk Thone explained that this item is for a location change in Precinct 1 which is the Shady Island/Enchanted Island precinct due to the COVID-19 pandemic. She stated that she has worked with the County to change the polling location to the Community Center. She stated that the Community Center will also serve as the polling location for Precinct 3, but will be in separate rooms with separate election judges and staffing. Councilmember Labadie asked about what kind of notice and communication would be given to individuals from Precinct 1 about this change in location. City Clerk Thone explained that there is a process headed by the State and taken care of by the County as soon as the Council approves this resolution. She stated that they have an office that takes care of changes to polling locations and sends a card to all registered voters in that precinct. She stated that she has already written an article for the June City newsletter that will also communicate this information. Councilmember Siakel asked if this polling location change is temporary or if the understanding is that it will be forever. City Clerk Thone stated that when you make a polling place change and not a precinct change, it does become permanent, but that does not mean it cannot be changed again. Labadie moved, Johnson seconded, Adopting RESOLUTION NO. 20-045, “A Resolution Changing the Polling Location for Precinct 1 for the City of Shorewood.” Councilmember Siakel stated that she would like the City to follow up with the neighborhood because voting in this location has been a long time tradition for people out on the islands and she would like to retain the option of bringing the polling location back to the neighborhood in the future, if they prefer that. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 11, 2020 Page 8 of 9 City Clerk Thone stated that they have had numerous discussions with the homeowner for the original polling place about this issue. Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye C. Approval of CIP Finance Director Rigdon noted that the CIP is virtually unchanged from what the Council reviewed in March and April of 2020. He stated that the only significant change was to the street program relating to the timing of a few projects. He gave a brief overview of the CIP. Johnson moved, Siakel seconded, Adopting RESOLUTION NO. 20-046, “A Resolution Adopting the 2020-2029 Capital Improvement Plan and 2020 Capital Project Fund Budgets.” Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye Mayor Zerby noted that a Boy Scout Troop has been in attendance at tonight’s meeting and thanked them for joining. 10. STAFF AND COUNCIL REPORTS A. Administrator and Staff Public Works Director Brown stated that the City has finished flushing the east end of the system and will begin flushing the west end on May 12, 2020. He noted that the sweeping crew is finishing up the west end and will then move out to the islands. City Clerk Thone stated that there is a COVID-19 action bill that passed both the House and Senate. She gave an overview of some of the items included that will allow the City to conduct elections in a safer manner. Planning Director Darling explained that the rubber surfacing at Badger Park has once again been delayed because of the cold weather. She stated that she is hopeful that the surfacing can be installed towards the end of the week. She stated that she has spoken with the contractors working on the buildings and those should be completed within the next few weeks. She stated that she hopes Badger Park will be completed by the end of the month. She noted that towards the end of the month or early June, the City will have the Eddy Station Building painted. Other Mayor Zerby noted that there have been reports of people using the lacrosse field and asked staff if there was a way to help reduce the attraction of that area. Planning Director Darling stated that the City has announced that park facilities are closed but realize that people are still using the trails and the fields because the City cannot really fence them off. She stated that the City can just encourage social distancing while people are out on the fields and the trails. CITY OF SHOREWOOD REGULAR COUNCIL MEETING MINUTES MAY 11, 2020 Page 9 of 9 City Administrator Lerud noted that the City could put up signage on the fence reminding people that the parks are closed. Councilmember Johnson suggested contacting the athletic director of the high school as well because, when he went by, it appeared to be an organized practice. Councilmember Labadie stated that she would agree that reaching out to the athletic director at the high school is a good idea. B. Mayor and City Council Mayor Zerby noted that this week is National Police Week. He noted that Friday, May 15, 2020 is National Peace Officers Memorial Day and there will be a virtual service to honor those officers. He expressed his appreciation for the City’s emergency responders and police force for all they have done during the COVID-19 pandemic. 11. ADJOURN Johnson moved, Labadie seconded, Adjourning the City Council Regular Meeting of May 11, 2020, at 8:42 P.M. Roll Call Vote: . Motion passed. Labadie, Johnson, Siakel, Sundberg, Zerby voted Aye ATTEST: Scott Zerby, Mayor Sandie Thone, City Clerk #2 B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Verified Claims Meeting Date: May 26, 2020 Prepared by: Michelle Nguyen, Senior Accountant Greg Lerud, City Administrator Joe Rigdon, Finance Director Attachments: Claims lists Policy Consideration: Should the attached claims against the City of Shorewood be paid Background: Claims for council authorization. 66145-66165 & ACH 255,146.78 Total Claims $255,146.78 We have also included a payroll summary for the payroll period e May 10, 2020. Financial or Budget Considerations: These expenditures are reasonable and necessary to provide servi budgeted and available for these purposes. Options: The City Council may accept the staff recommendation to pay thes expenditure it deems not in the best interest of the city. Recommendation / Action Requested: Staff recommends approval of the claims list as presented. 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Minnesota State Statute §13.025, subdivision 2, specifically requires that the Data Practices Responsible Authority shall prepare a written data access policy and update it no later than August 1 of each year, and at any other time as necessary to reflect changes in personnel, procedures, or other circumstances that impact the public’s ability to access data. The attached policies for the City of Shorewood: Data Practices Policy for Data Subjects and Data Practices Policy for Members of the Public reflect the most current and relevant information. There were no changes in personnel and appointments for the year 2020. Approval of these policies will satisfy the government entity annual update obligations and requirements for the year 2020 pursuant to MN state law. Financial or Budget Considerations: None Recommendation/Action Requested: Staff respectfully recommends the city council approve the City of Shorewood Data Practices Policy for Data Subjects and Data Practices Policy for Members of the Public satisfying the government entity annual update obligations and requirements on or before August 1 for the year 2020 pursuant to MN state law. Motion, second and simple majority vote required. Connection to Vision/Mission : Consistency in providing quality public services. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20-XX 2020 DATA PRACTICES POLICIES WHEREAS, Minnesota State Statutes, sections 13.025, subdivisions 2 and 3, require government entities to prepare written policies that relate to public access to government data, and rights of subjects of data and Minnesota State Statutes, section 13.03, subdivision 2 requires entities to establish procedures that data requests are complied with appropriately and promptly; and WHEREAS, Minnesota State Statute §13.025, subdivision 2, specifically requires that the Data Practices Responsible Authority shall prepare a written data access policy and update it no later than August 1 of each year, and at any other time as necessary to reflect changes in personnel, procedures, or other circumstances that impact the public’s ability to access data; and WHEREAS, the City of Shorewood and the Responsible Authority have successfully created and updated the following policies: Data Practices Policy for Data Subjects and Data Practices Policy for Members of the Public which reflect the most current and relevant information and have been updated to include the most recent changes in personnel and appointments; and WHEREAS, approval of these policies will satisfy the government entity annual update obligations and requirements for the year 2020 pursuant to MN state law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood, the City of Shorewood Data Practices Policy for Data Subjects and Data Practices Policy for Members of the Public are approved. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 26th day of May 2020. _______________________________ ATTEST: Scott Zerby, Mayor _________________________________ Sandie Thone, City Clerk Data Practices Policy for Members of the Public City of Shorewood Hennepin County, Minnesota Data Practices Policy for Public Annual Review and Update 1 Dated 5/26/2020 MN 13.025 and 13.03 Right to access public data The Government Data Practices Act (Minnesota Statutes, Chapter 13) presumes that all government data are public unless a state or federal law says the data are not public. Government data is a term that means all recorded information a government entity has, including paper, email, flash drives, CDs, DVDs, photographs, etc. The Government Data Practices Act also provides that this government entity must keep all government data in a way that makes it easy for you, as a member of the public, to access public data. You have the right to look at (inspect), free of charge, all public data that we keep. You also have the right to get copies of public data. The Government Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. How to make a data request You can look at data, or request copies of data that this government entity keeps. Make your written request for data to the appropriate individual listed in the Data Practices Contacts on page 4. You may make your request via email, fax, mail, or in person using the form on page 6. If you choose not use to use the data request form, your request should include:  You are making a request for public data under the Government Data Practices Act (Minnesota Statutes, Chapter 13).  Whether you would like to inspect the data, have copies of the data, or both.  A clear description of the data you would like to inspect or have copied. This government entity cannot require you, as a member of the public, to identify yourself or explain the reason for your data request. However, depending on how you want us to process your request (if, for example, you want us to mail you copies of data), we may need some information about you. If you choose not to give us any identifying information, we will provide you with contact information so you may check on the status of your request. In addition, please keep in mind that if we do not understand your request and have no way to contact you, we will not be able to begin processing your request. How we respond to a data request Upon receiving your request, we will work to process it.  If it is not clear what data you are requesting, we will ask you for clarification.  If we do not have the data, we will notify you in writing within 10 business days.  If we have the data, but the data are not public, we will notify you as soon as reasonably possible and state which specific law says the data are not public.  If we have the data, and the data are public, we will respond to your request appropriately and promptly, within a reasonable amount of time by doing one of the following: Arrange a date, time, and place to inspect data, for free, if your request is to look at the o data, or Data Practices Policy for Public Annual Review and Update 2 Dated 5/26/2020 MN 13.025 and 13.03 Provide you with copies of the data as soon as reasonably possible. You may choose to o pick up your copies, or we will mail or fax them to you. We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on page 5. We will provide notice to you about our requirement to prepay for copies. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will give you an explanation if you ask. The Government Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement (for example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request). If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. In addition, we are not required under the Government Data Practices Act to respond to questions that are not specific requests for data. Requests for summary data Summary data are statistical records or reports that are prepared by removing all identifiers from private or confidential data on individuals. The preparation of summary data is not a means to gain access to private or confidential data. We will prepare summary data if you make request in writing and pre-pay for the cost of creating the data. Upon receiving your written request – you may use the data request form on page 6 – we will respond within ten business days with the data or details of when the data will be ready and how much we will charge. Data Practices Policy for Public Annual Review and Update 3 Dated 5/26/2020 MN 13.025 and 13.03 Data Practices Contacts Responsible Authority Name: Sandie Thone, City Clerk/Human Resources Director Address: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-960-7900, Email: sthone@ci.shorewood.mn.us Data Practices Compliance Official Name: Sandie Thone, City Clerk/Human Resources Director Address: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-960-7900, Email: sthone@ci.shorewood.mn.us Data Practices Designee(s) 1)Name: Mike Meehan, Chief of Police, South Lake Minnetonka Police Department Address: SLMPD, 24150 Smithtown Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-474-3261, Email: info@southlakepd.com 2)Name: Laura Holtan, Administrator, South Lake Minnetonka Police Department Address: SLMPD, 24150 Smithtown Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-474-3261, Email: info@southlakepd.com 3)Name: Brenda Pricco, Deputy Clerk, City of Shorewood Address: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-960-7901, Email: bpricco@ci.shorewood.mn.us Data Practices Policy for Public Annual Review and Update 4 Dated 5/26/2020 MN 13.025 and 13.03 Copy Costs – Members of the Public This government entity charges for copies of government data. These charges are authorized under Minnesota Statutes, section 13.03, subdivision 3(c). For 100 or fewer paper copies – 25 cents per page 100 or fewer pages of black and white, letter or legal size paper copies cost 25¢ for a one-sided copy, or 50¢ for a two-sided copy. Most other types of copies – actual cost The charge for most other types of copies, when a charge is not set by statute or rule, is the actual cost of searching for and retrieving the data, and making the copies or electronically transmitting the data (e.g. sending the data by email). In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. If, because of the subject matter of your request, we find it necessary for a higher-paid employee to search for and retrieve the data, we will calculate the search and retrieval portion of the copy charge at the higher salary/wage. Data Practices Policy for Public Annual Review and Update 5 Dated 5/26/2020 MN 13.025 and 13.03 Data Request Form – Members of the Public Request date: I am requesting access to data in the following way:  Inspection  Copies  Both inspection and copies Note: Inspection is free We will respond to your request as soon as reasonably possible. Contact information Name: Address/phone number/email address: Note: You do not have to provide any contact information. However, if you want us to mail/email you copies of data, we will need some type of contact information. In addition, if we do not understand your request and need to get clarification from you, without contact information we will not be able to begin processing your request until you contact us. These are the data I am requesting: Describe the data you are requesting as specifically as possible. Data Practices Policy for Public Annual Review and Update 6 Dated 5/26/2020 MN 13.025 and 13.03 Notice of Adoption of Model Policies Minnesota Statutes, section 13.025, subdivisions 2 and 3, require government entities to prepare written policies that relate to public access to government data, and rights of subjects of data and Minnesota Statutes, section 13.03, subdivision 2, requires entities to establish procedures so that data requests are complied with appropriately and promptly. Minnesota Statutes, section 13.073, subd. 6, requires the Commissioner of Administration to prepare model policies and procedures to help government entities comply with those requirements. Entities that choose to adopt the Commissioner’s model policies must notify the Commissioner. Please use the following statement to notify the Commissioner if you choose to adopt the model policies and procedures.* Notice to Commissioner of Administration: Adoption of Model Policies The City of Shorewood has adopted the Commissioner’s Model Policy for the Public and Model Policy for Data Subjects. This notice to the Commissioner satisfies the City of Shorewood’s obligation under Minnesota Statutes, section 13.073, subdivision 6. Sandie Thone City Clerk and Data Practices Responsible Authority Adoption of Model Policy Notice to Commissioner of Administration Submitted May 8, 2017. *Government entities may submit this notification by mail or email: Commissioner of Administration c/o Information Policy Analysis Division (IPAD) 201 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 info.ipad@state.mn.us Data Practices Policy for Public Annual Review and Update 7 Dated 5/26/2020 MN 13.025 and 13.03 Data Practices Policy for Data Subjects City of Shorewood Hennepin County, Minnesota Data Practice Policy for Data Subjects Annual Review and Update 1 Dated 5/26/2020 MN 13.025 and 13.03 Data about you The Government Data Practices Act (Minnesota Statutes, Chapter 13) says that data subjects have certain rights related to a government entity collecting, creating, and keeping government data about them. You are the subject of data when you can be identified from the data. Government data is a term that means all recorded information a government entity has, including paper, email, flash drives, CDs, DVDs, photographs, etc. Classification of data about you The Government Data Practices Act presumes that all government data are public unless a state or federal law says that the data are not public. Data about you are classified by state law as public, private, or confidential. See below for some examples. Public data We must give public data to anyone who asks. It does not matter who is asking for the data or why the person wants the data. The following is an example of public data about you: Example: John Smith, 5000 Smith Dr, Smithtown, MN 55000; License applicant for On-Sale Liquor License for Smithtown Liquors Private data We cannot give private data to the general public, but you can have access to private data when the data are about you. We can share your private data with you, with someone who has your permission, with our government entity staff who have a work assignment to see the data, and to others as permitted by law or court order. The following is an example of private data about you: Example: John Smith’s Social Security Number: 468-88-XXXX Confidential data Confidential data have the most protection. Neither the public nor you can get access even when the confidential data are about you. We can share confidential data about you with our government entity staff who have a work assignment to see the data, and to others as permitted by law or court order. We cannot give you access to confidential data. The following is an example of confidential data about you: Example: John Smith as mandated reporter of complaint regarding child abuse Data Practice Policy for Data Subjects Annual Review and Update 2 Dated 5/26/2020 MN 13.025 and 13.03 Your rights under the Government Data Practices Act The City of Shorewood must keep all government data in a way that makes it easy for you to access data about you. Also, we can collect and keep only those data about you that we need for administering and managing programs that are permitted by law. As a data subject, you have the following rights. Access to your data You have the right to look at (inspect), free of charge, public and private data that we keep about you. You also have the right to get copies of public and private data about you. The Government Data Practices Act allows us to charge for copies. You have the right to look at data, free of charge, before deciding to request copies. Also, if you ask, we will tell you whether we keep data about you and whether the data are public, private, or confidential. As a parent, you have the right to look at and get copies of public and private data about your minor children (under the age of 18). As a legally appointed guardian, you have the right to look at and get copies of public and private data about an individual for whom you are appointed guardian. Minors have the right to ask this government entity not to give data about them to their parent or guardian. If you are a minor, we will tell you that you have this right. We may ask you to put your request in writing and to include the reasons that we should deny your parents access to the data. We will make the final decision about your request based on your best interests. Minors do not have this right if the data in question are educational data maintained by an educational agency or institution. When we collect data from you When we ask you to provide data about yourself that are not public, we must give you a notice. The notice is sometimes called a Tennessen warning. The notice controls what we do with the data that we collect from you. Usually, we can use and release the data only in the ways described in the notice. We will ask for your written permission if we need to use or release private data about you in a different way, or if you ask us to release the data to another person. This permission is called informed consent. If you want us to release data to another person, you must use the consent form we provide. Protecting your data The Government Data Practices Act requires us to protect your data. We have established appropriate safeguards to ensure that your data are safe. In the unfortunate event that we determine a security breach has occurred and an unauthorized person has gained access to your data, we will notify you as required by law. Data Practice Policy for Data Subjects Annual Review and Update 3 Dated 5/26/2020 MN 13.025 and 13.03 When your data are inaccurate and/or incomplete You have the right to challenge the accuracy and/or completeness of public and private data about you. You also have the right to appeal our decision. If you are a minor, your parent or guardian has the right to challenge data about you. How to make a request for your data You can look at data, or request copies of data that the City of Shorewood keeps about you, your minor children, or an individual for whom you have been appointed legal guardian. Make your request for data to the appropriate individual listed in the Data Practices Contacts on page 6. We prefer you use the data request from on Page 8 for all data requests. If you choose not to use the data request form, your request should include:  You are making a request, under the Government Data Practices Act (Minnesota Statutes, Chapter 13), as a data subject, for data about you.  Whether you would like to inspect the data, have copies of the data, or both.  A clear description of the data you would like to inspect or have copied.  Identifying information that proves you are the data subject, or data subject’s parent/guardian. The City of Shorewood requires proof of your identity before we can respond to your request for data. If you are requesting data about your minor child, you must show proof that you are the minor’s parent. If you are a guardian, you must show legal documentation of your guardianship. Please see the Standards for Verifying Identity located on page 9. How we respond to a data request Once you make your request, we will work to process your request.  If it is not clear what data you are requesting, we will ask you for clarification. If we do not have the data, we will notify you in writing within 10 business days.  If we have the data, but the data are confidential or private data that are not about you, we will notify you within 10 business days and state which specific law says you cannot access the data.  If we have the data, and the data are public or private data about you, we will respond to your request within 10 business days, by doing one of the following: Arrange a date, time, and place to inspect data, for free, if your request is to look at the o data, or Provide you with copies of the data within 10 business days. You may choose to pick up o your copies, or we will mail or fax them to you. We will provide electronic copies (such as email or CD-ROM) upon request if we keep the data in electronic format. Information about copy charges is on page 7. Data Practice Policy for Data Subjects Annual Review and Update 4 Dated 5/26/2020 MN 13.025 and 13.03 We will provide notice to you about our requirement to prepay for copies. After we have provided you with access to data about you, we do not have to show you the data again for 6 months unless there is a dispute or we collect or create new data about you. If you do not understand some of the data (technical terminology, abbreviations, or acronyms), please let us know. We will give you an explanation if you ask. The Government Data Practices Act does not require us to create or collect new data in response to a data request if we do not already have the data, or to provide data in a specific form or arrangement if we do not keep the data in that form or arrangement (for example, if the data you request are on paper only, we are not required to create electronic documents to respond to your request). If we agree to create data in response to your request, we will work with you on the details of your request, including cost and response time. In addition, we are not required under the Government Data Practices Act to respond to questions that are not specific requests for data. Data Practice Policy for Data Subjects Annual Review and Update 5 Dated 5/26/2020 MN 13.025 and 13.03 Data Practices Contacts Responsible Authority Name: Sandie Thone, City Clerk/Human Resources Director Address: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-960-7900, Email: sthone@ci.shorewood.mn.us Data Practices Compliance Official Name: Sandie Thone, City Clerk/Human Resources Director Address: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-960-7900, Email: sthone@ci.shorewood.mn.us Data Practices Designee(s) 1)Name: Mike Meehan, Chief of Police, South Lake Minnetonka Police Department Address: SLMPD, 24150 Smithtown Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-474-3261, Email: info@southlakepd.com 2)Name: Laura Holtan, Administrator, South Lake Minnetonka Police Department Address: SLMPD, 24150 Smithtown Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-474-3261, Email: info@southlakepd.com 3)Name: Brenda Pricco, Deputy Clerk, City of Shorewood Address: City of Shorewood, 5755 Country Club Road, Shorewood, MN 55331 Phone number/email address: Phone: 952-960-7901, Email: bpricco@ci.shorewood.mn.us Data Practice Policy for Data Subjects Annual Review and Update 6 Dated 5/26/2020 MN 13.025 and 13.03 Copy Costs – Data Subjects The City of Shorewood charges data subjects for copies of government data. These charges are authorized under Minnesota Statutes, section 13.04, subdivision 3. You must pay for the copies before we will give them to you. Actual cost of making the copies In determining the actual cost of making copies, we factor in employee time, the cost of the materials onto which we are copying the data (paper, flash drive, CD, DVD, etc.), and mailing costs (if any). If your request is for copies of data that we cannot reproduce ourselves, such as photographs, we will charge you the actual cost we must pay an outside vendor for the copies. Data Practice Policy for Data Subjects Annual Review and Update 7 Dated 5/26/2020 MN 13.025 and 13.03 Data Request Form – Data Subjects To request data as a data subject, you must show a valid state ID, such as a driver’s license, military ID, or passport as proof of identity. Contact information Data subject name: Parent/Guardian name (if applicable): Address: Phone number/email address: Staff verification Request date: Identification provided: I am requesting access to data in the following way:  Inspection  Copies  Both inspection and copies We will respond to your request within 10 business days. Note: Inspection is free. The City of Shorewood charges to print hard copies of data. These are the data I am requesting: Describe the data you are requesting as specifically as possible. Data Practice Policy for Data Subjects Annual Review and Update 8 Dated 5/26/2020 MN 13.025 and 13.03 Standards for Verifying Identity The following constitute proof of identity.  An adult individual must provide a valid photo ID, such as a state driver’s license o a military ID o a passport o a Minnesota ID o a Minnesota tribal ID o  A minor individual must provide a valid photo ID, such as a state driver’s license o a military ID o a passport o a Minnesota ID o a Minnesota Tribal ID o a Minnesota school ID o  The parent or guardian of a minor must provide a valid photo ID and either a certified copy of the minor’s birth certificate or o a certified copy of documents that establish the parent or guardian’s relationship to the o child, such as a court order relating to divorce, separation, custody, foster care  a foster care contract  an affidavit of parentage   The legal guardian for an individual must provide a valid photo ID and a certified copy of appropriate documentation of formal or informal appointment as guardian, such as court order(s) o valid power of attorney o Note: Individuals who do not exercise their data practices rights in person must provide either notarized or certified copies of the documents that are required or an affidavit of ID. Data Practice Policy for Data Subjects Annual Review and Update 9 Dated 5/26/2020 MN 13.025 and 13.03 Notice of Adoption of Model Policies Minnesota Statutes, section 13.025, subdivisions 2 and 3, require government entities to prepare written policies that relate to public access to government data, and rights of subjects of data and Minnesota Statutes, section 13.03, subdivision 2, requires entities to establish procedures so that data requests are complied with appropriately and promptly. Minnesota Statutes, section 13.073, subd. 6, requires the Commissioner of Administration to prepare model policies and procedures to help government entities comply with those requirements. Entities that choose to adopt the Commissioner’s model policies must notify the Commissioner. Please use the following statement to notify the Commissioner if you choose to adopt the model policies and procedures.* Notice to Commissioner of Administration: Adoption of Model Policies The City of Shorewood has adopted the Commissioner’s Model Policy for the Public and Model Policy for Data Subjects. This notice to the Commissioner satisfies the City of Shorewood’s obligation under Minnesota Statutes, section 13.073, subdivision 6. Sandie Thone City Clerk/Human Resources Director and Data Practices Responsible Authority Adoption of Model Policy Notice to Commissioner Submitted May 8, 2017 *Government entities may submit this notification by mail or email: Commissioner of Administration c/o Information Policy Analysis Division (IPAD) 201 Administration Building 50 Sherburne Avenue St. Paul, MN 55155 info.ipad@state.mn.us Data Practice Policy for Data Subjects Annual Review and Update 10 Dated 5/26/2020 MN 13.025 and 13.03 City of Shorewood Council Meeting Item 2D Title/Subject: Pavement Striping Contract Award: City Project 20-02 Meeting Date: Tuesday, May 26, 2020 MEETING Prepared by: Andrew Budde, City Engineer TYPE Regular Reviewed by: Larry Brown, Director of Public Works Meeting Attachments: Contract Award and Resolution Background: The City completes an annual pavement striping project on local roadways and parking lots to enhance worn out striping and provide safer roadways for the traveling public. The Citys current strategy is to utilize epoxy paint on higher volume and newly paved roadways and latex paint on lower volume and older roadways and all parking lots. The roadways proposed to have epoxy paint Country Club, Rd, a portion of Yellowstone Trail, Lake Linden Drive, and Excelsior Blvd. All other roadways are intended to use latex paint and includes Minnetonka Blvd, St Albans Bay Rd, Manor Drive, Radisson Rd, Radisson Inn Rd, Coving Blvd, TH 7 Frontage Road, and Vinehill Rd. Smithtown Road was stripped with epoxy paint in 2019 and does not need to be repainted this year. Bids for the project were solicited from four contractors and opened on May 14, 2020. A total of two quotes were received and the low bidder is submitted by AAA Striping Service Co. from St. Michael, MN. The quotes are summarized below: Bidder: Total Bid Amount: AAA Striping Service Co.$35,508.15 Sir Lines-A-Lot $36,892.75 Staff has reviewed all the bids and the bids received are accurate and indicate that the bidding process was competitive. Financial or Budget Considerations: The project is to be funded from the Local Roadway Fund which has sufficient funds available for this expen Recommendation/Action Requested: Staff recommends award, in the amount of $35,508.15 to the firm providing the low quote by AAA Striping Service Co. Mission Statement: The City of Shorewood is committed to providing residents qualit services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and vis Page 1 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20-xxx A RESOLUTION TO AWARD CONTRACT CITY PROJECT 20-02 WHEREAS, pursuant to the request for quotes for the 2020 Pavement Striping Project, quotes were received on May 14, 2020 opened and tabulated, with the following quotes received: Contractor Total Quote AAA STRIPING SERVICE $35,508.15 SIR LINES-A-LOT $36,892.75 WHEREAS, it appears that AAA Striping Service Co. is the lowest responsible contractor to provide a quote for said improvements; and WHEREAS, AAA Striping Service Co is a responsible and responsive contractor, that has completed projects of similar size and scope successfully; and NOW THEREFORE, IT RESOLVED: by the City Council of the City of Shorewood hereby authorized and directed to enter into a contract with AAA Striping Service Co, MN based on the lowest bid amount in the name of the City of Shorewood for the 2020 Pavement Striping Project according to the plans and specifications on file in the office of the City Clerk. th this 26 day of May, ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD 2020. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 2E Title/Subject:Reimbursement Resolution Meeting Date: May 26, 2020 MEETING Prepared By: Greg Lerud, City Administrator TYPE REGULAR Attachments: Letter from Shannon Sweeney, Resolution Background: The city has used reimbursement Resolutions several times in the past, particularly in the enterprise funds. The Resolutions allow one or more city funds to loan money to a capital projects fund or enterprise fund for capital costs, and to require reimbursement to the original fund(s). For the upcoming street projects, it is advisable that the city have a reimbursement Resolution approved. The Resolution will allow the city to reimburse itself with tax exempt bond proceeds for project expenses that the city has already paid for, as well as provide flexibility for financing as there will be multiple projects financed through a single bond issue. Recommended Action: Staff recommends approval of the Resolution by simple majority. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 Cologne Office: DDA 10555 Orchard Road Cologne, MN 55322 David Drown Associates, Inc. (952) 356-2992 Public Finance Advisors shannon@daviddrown.com May 18, 2020 City of Shorewood Attn: Greg Lerud, City Administrator 5755 Country Club Road Shorewood, MN 55331 RE: Reimbursement Resolution - Street & Utility Reconstruction Projects Honorable Mayor, Council Members, and Administrator Lerud: The City of Shorewood is in the process of implementing several street and utility reconstruction projects in 2020. As some or all of those projects may be funded through the issuance of tax exempt bonds, it would be our recommendation for the City Council to adopt a reimbursement resolution which preserves the City’s ability to reimburse project costs from the proceeds of tax exempt bonds. A reimbursement resolution is required to reimburse capital costs from tax exempt bond proceeds if the bonds are issued more than 60 days after the capital cost has been incurred. As the implementation timeline varies for several of the 2020 Capital Improvement Plan projects, it would be appropriate to adopt a reimbursement resolution to preserve flexibility for the implementation of project financing. Enclosed for City Council consideration is a resolution declaring the City’s intent to reimburse project costs from the proceeds of tax exempt bonds. The resolution does not obligate the City to issue bonds but preserves the City’s ability to coordinate financing for multiple projects. Please feel free to contact me if I can be of any assistance in answering questions regarding the information provided. Sincerely, Shannon Sweeney, Associate David Drown Associates, Inc. CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION NO. 20 - XXX DECLARING THE OFFICIAL INTENT OF THE CITY OF SHOREWOOD TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY WHEREAS, the Internal Revenue Service has issued Treas. Reg. § 1.150-2 (the “Reimbursement Regulations”) providing that proceeds of tax-exempt bonds used to reimburse prior expenditures will not be deemed spent unless certain requirements are met; and WHEREAS, the City expects to incur certain expenditures that may be financed temporarily from sources other than bonds, and reimbursed from the proceeds of a tax-exempt bond; WHEREAS, the City has determined to make this declaration of official intent (the “Declaration”) to reimburse certain costs from proceeds of bonds in accordance with the Reimbursement Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD AS FOLLOWS: 1. The City proposes to undertake the following projects (the “Projects”). 2020 Capital Improvement Projects including: Lake Mary Drainage Outlet, Beverly Drive Wetland Improvement, Shorewood Oaks Drainage Improvement, Enchanted Island Road Reclaim & Utility Reconstruction, Woodside Road Reclaim & Utility Reconstruction, Grant Street Drainage Improvements, Lafayette Avenue Reclaim & Utility Reconstruction, Strawberry Lane Right-of- Way Acquisition. 2. The City reasonably expects to reimburse the expenditures made for certain costs of the Projects from the proceeds of bonds in an estimated maximum principal amount of $5,675,000. All reimbursed expenditures will be capital expenditures, costs of issuance of the bonds, or other expenditures eligible for reimbursement under Section 1.150-2(d)(3) of the Reimbursement Regulations. 3. This Declaration has been made not later than 60 days after payment of any original expenditure to be subject to a reimbursement allocation with respect to the proceeds of bonds, except for the following expenditures: (a) costs of issuance of bonds; (b) costs in an amount not in excess of the lesser of $100,000 or 5 percent of the proceeds of an issue; or (c) “preliminary expenditures” up to an amount not in excess of 20 percent of the aggregate issue price of the issue or issues that finance or are reasonably expected by the City to finance the project for which the preliminary expenditures were incurred. The term “preliminary expenditures” includes architectural, engineering, surveying, bond issuance, and similar costs that are incurred prior to commencement of acquisition, construction or rehabilitation of a project, other than land acquisition, site preparation, and similar costs incident to commencement of construction. 4. This Declaration is an expression of the reasonable expectations of the City based on the facts and circumstances known to the City as of the date hereof. The anticipated original expenditures for the Project and the principal amount of the bonds described in paragraph 2 are consistent with the City’s budgetary and financial circumstances. No sources other than proceeds of bonds to be issued by the City are, or are reasonably expected to be, reserved, allocated on a long-term basis, or otherwise set aside pursuant to the City’s budget or financial policies to pay such Project expenditures. 5. This Declaration is intended to constitute a declaration of official intent for purposes of the Reimbursement Regulations. th Adopted this 26 day of May, 2020. _____________________________ Mayor Scott Zerby ATTEST __________________________ Sandie Thone, City Clerk 2 City of Shorewood Council Meeting Item 2F Title/Subject: Encroachment Agreement 5885 Mill Street Meeting Date: May 26, 2020 MEETING Prepared By: Greg Lerud, City Administrator TYPE Reviewed By: Larry Brown, Director of Public Works; Tim Keane REGULAR City Attorney Attachments: Draft Agreement and Resolution Background: At the May 11, 2020 Council meeting, Council directed staff to work with the property owner at 5885 Mill Street to provide for a water service line connection to an Excelsior watermain under Division Street. Staff prepared the attached draft encroachment agreement to allow the service connection. At the time of writing this memo, the agreement has been sent to the property owner, but no response has been received. Any changes to this draft will be detailed at the meeting. Financial or Budget Considerations: No costs to the City of Shorewood. The property owner will bear all the cost of installing their water service line. Recommended Action: Staff recommends approval of the agreement by adopting the Resolution by simple majority vote. Next Steps and Timeline: The property owner can proceed immediately up approval of this agreement and payment of all fees. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD HENNEPIN COUNTY, MINNESOTA ENCROACHMENT AGREEMENT THIS AGREEMENT (“Agreement”) is made this ___ day of _________, 2020, by and between the CITY OF SHOREWOOD, a municipal corporation under the laws of the State of Minnesota (“City”) and KATHLEEN BAKKEN, a single person, and her successors and assigns (“Landowner”). RECITALS WHEREAS, Landowner is the fee owner of the real property located at 5885 Mill Street in the City of Shorewood, Minnesota and generally described as follows: Lot 111, Auditor’s Subdivision No. 120, and more particularly described in the attached Exhibit A (“the Property”) And; WHEREAS, the City currently has Right-of-Way Easements (“Easements”) over, under and across Division Street, pursuant to the easements dedicated to the public, which Easements are depicted on Exhibit B attached hereto and made a part hereof; and WHEREAS, Landowner seeks permission from the City to encroach upon the Easements to connect to the Excelsior municipal water system to install an approximately 140 feet water service line to the Property along the west portion of the Easements (the “Improvements”) as depicted in the attached Exhibit B; and WHEREAS, the City and Landowner have agreed the Landowner will pay the City $10,000 upon execution of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties agree as follows: 1.The City hereby approves an encroachment on and over the Easements by the Landowner for the purposes of installing and maintaining the Improvements over that part of the Easements as shown in Exhibit B subject to the terms of this Agreement. 2.All of the work of the Improvements shall secure the necessary permits and obtain the approval of the Shorewood and Excelsior Public Works Directors. 3.Nothing in this Agreement shall be deemed a waiver or abandonment of the City’s rights to manage its rights of way under the Easements. 4.The Landowner shall be responsible for all costs relating to the installation, maintenance and repair of the Improvements. 1 4842-9845-4972.1 5.The Landowner further agrees that the improvement is temporary, and should the City of Excelsior or City of Shorewood extend the watermain to the far end of Division Street at any point in the future, the Landowner shall, at their sole expense and within 60 days of a main extension, properly abandon this Improvement and reconnect the service to the curb stop that would be installed at the Property. If Landowner fails to undertake that work, the city shall hire the work done and assess the cost to the Landowner. If a new connection is made, the Landowner is not responsible for paying a new Water Access Charge to either city. 6.Landowner further understands that they retain sole responsibility for the integrity of their line, and the city will use best possible methods to avoid any damage to the improvement. Should the improvement be damaged by the city, or any contractor performing permitted work within the right-of-way, the Landowner shall be responsible for any and all costs to repair and restore the improvement. Landowner will promptly comply with any notice of repair and will repair or restore the Improvements within sixty (60) days of the written request by the City. 7.The City will use best effort to locate the private service line, but the Landowner understands that because this is a private service line, the city is under no obligation to provide location information to any contractor. 8.In the event that Landowner fails to take any action required in this Agreement and the City is required to make repairs, and the City incurs any cost, the Landowner agrees that if Landowner fails to pay the City, that the City may take any and all actions permitted by law to collect the same and the City may further levy an assessment against the Property for all costs incurred by the City. Landowner waives any and all rights to challenge or appeal the assessment. 9.Landowner and his successors and assigns do hereby agree to defend, indemnify, and hold the City harmless from any and all costs and expenses, all claims and liability, including attorney’s fees, relating to or arising from granting the Landowner the permission to encroach on the Easements for the maintenance, use, and operation of the Improvements, including third party claims that may occur. 10.All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, to the following: TO THE CITY: Greg Lerud, City Administrator 5755 County Club Road Shorewood, MN 55331 TO THE LANDOWNER: Kathleen Bakken 5885 Mill Street Shorewood, MN 55331 or to any successors or assigns of the Landowner or City, or any future address of the Landowner or City, if Landowner or City gives the other party notice of said change of address as provided pursuant to the provision for notice herein. 11.This Agreement shall be recorded against the title to the Property. 2 4842-9845-4972.1 CITY OF SHOREWOOD By: ______________________________ Scott Zerby, Mayor By: ______________________________ Greg Lerud, City Administrator LANDOWNER By: _______________________________ Kathleen Bakken 3 4842-9845-4972.1 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________, 2020, by Scott Zerby, Mayor and Greg Lerud, City Administrator, of the City of Shorewood, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. __________________________________ Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this ____ day of ________, 2020, by Kathleen Bakken, a single person. __________________________________ Notary Public 4 4842-9845-4972.1 EXHIBIT A Legal Description 5 4842-9845-4972.1 EXHIBIT B Area of Encroachment 6 4842-9845-4972.1 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20- A RESOLUTION APPROVING A RIGHT OF WAY ENCROACHMENT AGREEMENT FOR 5885 MILL STREET WHEREAS, the property owner of 5855 Mill Street, Shorewood has requested to connect to a water main in Division Street; and, WHEREAS, connecting to the water main requires installing the private service line under the city right-of-way; and WHEREAS, the City desires to manage and protect its right-of-way, and finds it necessary to require an encroachment agreement between the City and the property owner to allow the installation of the service line, NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA, that the Council hereby approves the Encroachment Agreement as attached to this Resolution. th Adopted by the City Council of Shorewood, Minnesota this 26 day of May, 2020. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk 2G MEETING TYPE City of Shorewood City Council Regular Meeting Title / Subject: Authorization to Hire Two Temporary Seasonal Workers Meeting Date: May 26, 2020 Prepared by: Larry Brown, Director of Public Works Attachments: None Policy Consideration: Should the City hiretwo temporary seasonal staffto meet maintenance labor needs? Background: Traditionally, the City has hiredtwo temporary seasonal employees annually to assist with park maintenance items and routine grounds maintenance, in addition to assisting the roadway patching crew when necessary. This year is no exception. These positions have been budgeted as part of the normal operati recommending that these temporary positions will be compensated $11.50 per hour, with the position expiring at the end of the business day on September 25, 2020. Staff has received two applications for the positions, have perf candidates, and are making recommendation that the two candidate candidates interviewed are Mr. Briggs Haugen and Mr. Austin Johnson. Financial or Budget Considerations: These appointments are budgeted as part of the approved 2020 Operating Budget for Public Works. Recommendation / Action Requested: Staff is recommending approval of a motion that authorizesstaff to fill the two seasonal positions, as outlined herein. Mission Statement: The City of Shorewood is committed to providing residents qualit healthy environment, a variety of attractive amenities, a sustai management through effective, efficient, and visionary leadership. Page 1 City of Shorewood Council Meeting Item 6A Title/Subject: Contract Award; City Project 20-01 Meeting Date: Tuesday, May 26, 2020 MEETING Prepared by: Andrew Budde, City Engineer TYPE Regular Reviewed by: Marie Darling, City Planner Meeting Attachments: Contract Award and Resolution th Background: At the April 25 Council Meeting, staff had presented the final plans and specification for the Badger Park Tennis Court Reconstruction project and Council had given authorization to advertise and open bids for the project. Bids for the project were opened on May 19, 2020. A total of six bids were received and the low bidder is submitted by Bituminous Roadway, Inc. from Shakopee, MN. The bids are summarized below: Bidder: Total Bid Amount: Bituminous Roadway $179,947.95 Sunram Construction $199,842.00 Pember Companies $202,131.35 K.A. Witt Construction $222,072.32 G.L. Contracting $266,148.80 Blackstone Contractors $268,255.00 Staff has reviewed all the bids and based on the low bid from Bituminous Roadway, Inc., the construction costs of the project is 11% below the engineer’s estimate. The bids received indicate that the bidding process was competitive. Construction work is st estimated to start after September 1 with completion of the court paving. The final court striping and fencing will be completed by May 15 of 2021. Financial Considerations: This project will be paid for from the Fund 402 (Park Dedication). Based on the low bid and an estimated 25% soft costs for engineering, construction administration, and legal, the overall Total Estimated Project Costs are $225,000. The City has budgeted a total of $300,000 for this project. Recommendation/Action Requested: Staff recommends award, in the amount of $179,947.95 to the low bidder, Bituminous Roadway, Inc. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20-xxx A RESOLUTION TO AWARD CONTRACT CITY PROJECT 20-01 WHEREAS, pursuant to an advertisement for bids for the Badger Park Tennis Court Reconstruction Project, bids were received on May 19, 2020 opened and tabulated according to law, with the following bids received and complying with the advertisement: Contractor Total Bid Bituminous Roadways $179,947.95 Sunram Construction $199,842.00 Pember Companies $202,131.35 K.A. Witt Construction $222,072.32 G.L. Contracting $266,148.80 Blackstone Contractors $268,255.00 WHEREAS, Bituminous Roadway is the lowest responsible bidder; and WHEREAS, Bituminous Roadway is a responsible and responsive contractor, that has completed projects of similar size and scope successfully; and NOW THEREFORE, IT RESOLVED: by the City Council of the City of Shorewood hereby authorized and directed to enter into a contract with Bituminous Roadway, MN based on the lowest bid amount in the name of the City of Shorewood for the Badger Park Tennis Court Reconstruction Project according to the plans and specifications therefore approved by the City Council and on file in the office of the City Clerk. th this 26 day of May, ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD 2020. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk CITY OF SHOREWOOD COUNCIL CHAMBERS PLANNING COMMISSION MEETING 5755 COUNTRY CLUB ROAD TUESDAY, MAY 5, 2020 7:00 P.M. DRAFT MINUTES CALL TO ORDER Chair Maddy called the meeting to order at 7:02 P.M. ROLL CALL Present: Chair Maddy; Commissioners Eggenberger, Gorham, Gault and Riedel; Planning Director Darling; and Council Liaison Labadie Absent: None 1. APPROVAL OF AGENDA Riedel moved, Gorham seconded, approving the agenda for May 5, 2020, as presented. Roll Call Vote: Ayes – all. 2. APPROVAL OF MINUTES  April 21, 2020 Riedel moved, Gorham seconded, approving the Planning Commission Meeting Minutes of April 21, 2020, as presented. Roll Call Vote: Ayes - all. 3. PUBLIC HEARINGS - NONE 4. OTHER BUSINESS: A. RENEWAL OF A HOME OCCUPATION LICENSE Applicant: Thomas Ramy Location: 5825 Country Club Road Planning Director Darling stated that this application is for a renewal of a Home Occupation Permit to operate a woodworking business in the attached garage. She stated that this permit was approved last year subject to review in one year, but noted that if approved again, it would be valid for three years. She stated that staff has received no complaints regarding the property or the home business and are recommending approval subject to the conditions listed in the staff report. She stated that the applicant is present on the conference call if the Commission has questions. Commissioner Riedel stated that oftentimes with this type of permit the issue raised most often is customers parking in the area and asked if there had been any issues with that related to his woodworking business. Mr. Ramy stated that he produces out of his garage and a majority of it is shipped to customers. He stated that occasionally someone will pick up directly from his house, but they are only parked in the area for about five minutes. CITY OF SHOREWOOD PLANNING COMMISSION MEETING May 5, 2020 Page 2 of 3 Commissioner Riedel asked about noise from the saws and other equipment. Mr. Ramy stated that the neighbors have not had any problems with the noise. Chair Maddy opened this topic for public input at 7:10 p.m. being there were no comments, he closed the public input portion of the meeting. Eggenberger moved, Gorham seconded, recommending approval of the Special Home Occupation Permit request by Thomas Ramy at 5825 Country Club Road, subject to the conditions as listed in the staff report. Roll Call Vote: Ayes - All. Planning Director Darling stated that this item will be on the May 26, 2020 City Council agenda. B. VARIANCE TO FRONT SETBACK TO EXPAND A NON-CONFORMING HOME Applicant: Curt Beuning and Janelle Holle Location: 5815 Howards Point Road Planning Director Darling stated that this application is for a variance to front setbacks in order to construction a new attached garage. She stated that the proposed garage would be 31 ¾ feet from the front property line and the zoning regulations require 35 feet. She explained that the existing home was constructed in 1957 and the existing garage sits about 29 feet from the front property line. The property owners are proposing to remodel the existing home and convert the one stall garage into a living area and add a two-stall garage. Staff recommends approval of the request, subject to the conditions as listed in the staff report. Commissioner Gorham stated that he thinks the calculations for impervious surface amounts are incorrect. He noted that they are still within the limits, but thinks they are not accurate in the staff report. Commissioner Riedel asked why a variance is required in this situation because nothing will be sitting closer to the front setback line than previously. Planning Director Darling explained that this would be considered an increase in the non- conformity. Commissioner Eggenberger pointed out a typographical error in the variance criteria. Mr. Buening explained that there is a fairly large sidewalk and an asphalt pad next to the existing garage where the new garage will be built which reduces the amount of hard cover. He noted that the material in front of the existing garage will also be eliminated because of the new garage location. He stated that there will not be a big difference in the hard cover amounts with their new design plans. He gave an overview of their extensive remodeling plans to the home and property. He stated that the reason that they are applying for this variance is because of the aesthetics of lining up the new garage with the home and maintaining the backyard space. Commissioner Gault asked about the large tree near the new driveway area. Mr. Buening stated that it is about 25 feet from the driveway and their intent is to save it because it is a large, beautiful pine tree. CITY OF SHOREWOOD PLANNING COMMISSION MEETING May 5, 2020 Page 3 of 3 Commissioner Riedel informed that applicants that there is no requirement that the impervious surface amounts remain the same and noted that they are allowed to have it be 25% of the lot area. Planning Director Darling noted that the keeping the impervious surface amounts close to the same reduces the engineering requirements for this proposal. Chair Maddy opened this item up for public comment at 7:28 p.m., being there was no input, closed the public testimony portion of the item. Commissioner Gorham stated that although he admires the symmetry and plans of this proposal, he doesn’t feel that there is a practical difficulty simply because this is an older home nor does he see it as a unique situation because of the way the code is written. He stated that he is not comfortable granting a variance for an aesthetic goal because it is an older home. Commissioner Riedel stated that he disagrees that with Commissioner Gorham’s interpretation. He stated that this is an existing home that is non-conforming and the variance request is because they want to align the existing structure with the addition. He stated that he thinks that this does cross the threshold of being a unique situation because the house is already non-conforming. He stated that he believes this situation is just what variances are for and noted that the addition is not closer to the front setback than the existing structure. The Commission discussed the variance application with regard with setbacks and non- conformity. Gault moved, Eggenberger seconded, recommending approval of the request for a Variance for a front setback to expand a non-conforming home at 5815 Howards Point Road, subject to the conditions as listed in the staff report. Roll Call Vote: Ayes – Eggenberger, Gault, Riedel, Maddy. Nay - Gorham. Planning Director Darling noted that this item will be on the May 25, 2020 City Council agenda. 5. MATTERS FROM THE FLOOR - NONE 6. REPORTS • Liaison to Council Council Liaison Labadie reported on matters considered and actions taken during Council’s April 27, 2020, meeting (as detailed in the minutes for that meeting). • Draft Next Meeting Agenda Planning Director Darling stated there would be a variance application and the Commission may also discuss amendments to the Comprehensive Plan that were required by the Met Council for the June 2020 Planning Commission meeting. 7. ADJOURNMENT Riedel moved, Gorham seconded, adjourning the Planning Commission Meeting of May 5, 2020, at 7:50 P.M. Roll Call Vote: Ayes - all. #7B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Special Home Occupation Permit Location: 5825 Country Club Road Applicant: Thomas Ramy Meeting Date: May 26, 2020 Prepared by: Marie Darling, Planning Director Review Deadline: July 28, 2020 Attachments: Planning Memorandum Resolution Background: See attached planning memorandum for detailed background on this request. At the May 5, 2020 meeting, the Planning Commission found that the application was consistent with the conditions listed in the regulations for home occupations, there had been no complaints regarding the home occupation since it was approved last year, and unanimously recommended approval of the special home occupation permit, subject to the conditions in the attached resolution. The applicant was present and spoke in favor of the application. No one from the public requested to speak. Financial or Budget Considerations: The application fees are adequate to cover the cost of processing the request. Recommendation / Action Requested: Staff and the Planning Commission recommend approval of the request, subject to the conditions in the attached resolution. Any action on this request would require a simple majority. Next Steps and Timelines: If the item is approved, the applicant would be able to continue doing woodworking in his garage as a business consistent with the conditions in the attached resolution. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. S:\Planning\Planning Files\Applications\2020 Cases\5825 Country Club Rd Ramy SHOP\CAF Memo.docx CONCLUSIONS 1. The Applicant’s request has satisfied the criteria for granting the renewal of a special home occupation permit under the Shorewood City Code. 2. The Applicant’s proposal indicates the home occupation could be conducted in a manner compatible with the existing and proposed uses in the area and would not tend to depreciate the area. 3. The home occupation would not overburden the city’s existing public services and streets. 4. Based upon the foregoing, the City Council hereby approves a special home occupation permit to operate a home occupation in the attached garage, based on the plans submitted March 30, 2020, subject to the following: a. The applicant shall not use air compressors, dust collection equipment, or other noise producing equipment with the garage door open. b. The home occupation will be conducted in compliance with Section 1201.03 Subd. 12 of the City of Shorewood zoning regulations, which include, but are not limited to: 1) No exterior storage of materials or equipment are permitted. 2) No signs are permitted. 3) This permit is valid for three years, at which time the applicant could request a renewal; any subsequent permits would be reviewed every three years. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA th this 26 day of May, 2020. Scott Zerby, Mayor ATTEST: Sandie Thone, City Clerk 2 #7C MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title / Subject: Front Setback Variance Applicant: Janelle Holle and Curtis Beuning Location: 5815 Howards Point Road Meeting Date: May 26, 2020 Prepared by: Marie Darling, Planning Director Review Deadline: August 11, 2020 Attachments: Planning Staff Memorandum Resolution Background: See attached memorandum for detailed background on this item. At their May 5, 2020 meeting, the Planning Commission voted four in favor and one opposed to recommend approval of the variance request to allow a garage addition to a non-conforming home to be set back 31.75 feet from the front property line where 35 feet is required, based on the finding that the applicant has met the variance criteria and subject to the conditions in the attached resolution. The applicant was present at the meeting; no one from the public requested to speak. The commissioner voting against the motion indicated that the variance was solely for aesthetic purposes and because zoning ordinance includes specific standards written in that would allow a garage addition to a non-conforming home without a variance, the request was not the minimum action necessary to alleviate the practical difficulty. The other commissioners did not agree. The standards that the commissioner referred to are in Section 1201.03 Subd. 1 i. of the zoning regulations, which includes the requirement that the addition must meet the front setback for the district. Financial or Budget Considerations: The application fees cover the cost of processing the request. Recommendation / Action Requested: Staff and the Planning Commission recommend approval of the request based on the findings that the criteria for a variance had been met, specifically that the applicant has identified that there is a practical difficulty in complying with the regulations and that the request is the minimum variance necessary to alleviate the practical difficulty, subject to the conditions in the attached resolution. Motion requires a simple majority to adopt. Next Steps and Timelines: The applicant has applied for a building permit. If the request is approved, staff could issue the building permit. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. S:\Planning\Planning Files\Applications\2020 Cases\5815 Howards Point Rd\CAF Memo.docx 1251 Business Blvd ExistingNew Annandale, MN, 55302 612.250.1882 New Gas Fireplace zero-clearance unit 3-2848 Casement2424 Awning 2860 Casement Master Bedroom Living 24 25 6068 Patio DN 2 -11 7/8" M.L. 6ft opening W.I.C. 2436 Casement 2x4 bearing wall 22 2848 Casement2436 CasementNew Garage Walls Match Plate Height of House 2x6 Studs 16" O.C. 1/2" CBX Plywood Sheathing New Entry 19 Shared Bath 2436 Casement 23 DN 1 -14" ML. New Garage 18 ROOF TRUSSES New Roof 24" O.C. Roof Truss -24" O.C. 1/2" OSB Sheating Asphault Shingles Underlayment per code Kitchen 26 DN Bedroom 1 21 Bedroom 2 Pantry 20 2-2848 Casement3-2440 Awning 26' - 0" 2 -2848 Casement Typical Headers 2 -2x10 Marvin Integrity Windows 3 -11 7/8" M.L. HDR. Project Architect Main Level Plan 1 1/4" = 1'-0" Drawn by Checked by Date Main Level Plan A102 1/4" = 1'-0" Scale 12" 12" 12" 12" 1251 Business Blvd Annandale, MN, 55302 612.250.1882 NEWEXISTING WALLSEXISTING NEW ROOF North 1 1/4" = 1'-0" 12" 5" 2' O.H. (Typical) Project Architect Drawn by Checked by Date East 2 1/4" = 1'-0" Exterior Elevations A201 1/4" = 1'-0" Scale 12" 12" 1251 Business Blvd 12" 12" Annandale, MN, 55302 612.250.1882 EXISTINGEXISTING WALLSNEW NEW ROOF South 1 1/4" = 1'-0" All New Siding Prefinished Perfection Grade 18" R & R Cedar Shingles, 6" Exposure Project Architect Drawn by Checked by Date West 2 1/4" = 1'-0" Exterior Elevations A202 1/4" = 1'-0" Scale RESOLUTION 2020- CITY OF SHOREWOOD A RESOLUTION APPROVING A FRONT SETBACK VARIANCE FOR PROPERTY LOCATED AT 5815 HOWARDS POINT ROAD WHEREAS, Janelle Holle and Curtis Beuning, (the “Applicant”) is the owner of real property located at 5815 Howards Point Rd, legally described as: Tract G, Registered Land Survey No. 0001, according to the recorded plat thereof, Hennepin County, Minnesota WHEREAS , the Applicant has applied for a variance to allow a garage addition to be 31.75 feet from the front property line where 35 feet is required; and WHEREAS , the Applicant’s request was reviewed by the planning staff, whose recommendation is included in a memorandum for the May 5, 2020 Planning Commission meeting, a copy of which is on file at City Hall; and WHEREAS , the Planning Commission held a public meeting on May 5, 2020 to review the application, the minutes of the meetings are on file at City Hall; and WHEREAS , the City Council considered the application at its regular meeting on May 26, 2020, at which time the planning staff memorandum and the Planning Commission’s recommendations were reviewed and comments were heard by the City Council from the Applicant, staff and public. NOW THEREFOREBE IT RESOLVED , THAT THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA FINDS AS FOLLOWS: FINDINGS OF FACT 1. The subject property is located in the R-1C zoning district, which requires all buildings to be set back 35 feet from the front property line. 2. The subject home was constructed prior to the requirement for a 35-foot setback. 3. Section 1201.05 of the zoning regulations provides that the purpose of a variance is to allow a process to deviate from the strict provision of the zoning regulations. 4. Section 1201.05 of the zoning regulations provides that in making the above determination, the City may consider the circumstances unique to the property and not created by the landowner. 5. The Applicant’s proposal is identified on the application materials and plans submitted on April 9 and 13, 2020. CONCLUSIONS A. Based upon the foregoing, and the records referenced herein, the City Council hereby approves the Applicant's request to construct a garage addition at 31.75 feet to the front property line. B. The City Council specifically finds that the Applicant’s request for the variances is consistent with the variance criteria listed in the zoning ordinance as it specifically demonstrates practical difficulty and is the minimum action necessary to alleviate the practical difficulty, subject to the condition that the Applicant acquire all necessary permits prior to continuing construction. ADOPTED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA th this 26 day of May, 2020. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk City of Shorewood Council Meeting Item 8A Title/Subject: Call for Public Hearing for Mary Lake Outlet, City Project 19-09 MEETING Meeting Date: Tuesday, May 26, 2020 TYPE Prepared by: Andrew Budde, City Engineer REGULAR Reviewed by: Larry Brown, Director of Public Works Attachments: Resolution Background: Mary Lake is a land locked lake with no natural outlet. Over the years the City has needed to pump down the elevation of the lake to protect damage to structures and private property. The City hired Barr Engineering who has prepared a Technical Memo: Mary Lake Outlet-Hydrologic and Hydraulic Evaluation. This memo evaluates several potential concept alternatives that looks at various piping options, upstream/downstream impacts, permitting requirements, and concept project costs. The recommended option in the Technical Memo includes directionally drilling an 8” diameter pipe from the northern end of Mary Lake to Studer Pond. The City has included the recommended Mary Lake Outlet project in the Capital Improvement Plan for 2020 construction. Council authorized the preparation of a Feasibility Study for the Mary Lake Outlet at the March 9, 2020 meeting. Staff has been working on the preliminary engineering and the preparation of the study is nearing completion. The Feasibility Study will be shared with the City of Excelsior and various permitting agencies to provide updated information and discuss a path forward for construction of the project. To obtain a DNR permit, the City of Shorewood is required to hold a public hearing per Mn Rule 6115.0221 Subp 4.D. As part of the public hearing staff will present the Feasibility Study for Mary Lake Outlet. The requested action tonight is to call for the public hearing at the June 22 Council Meeting. Recommendation/Action Requested: Approve the Resolution as attached. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 NOTICE OF PUBLIC HEARING ON THE MARY LAKE OUTLET Notice is hereby given that the City Council of the City of Shorewood, Minnesota, will meet on June 22, 2020, at approximately 7:00 p.m. at City Hall, 5755 Country Club Road, in Shorewood, Minnesota, for the purpose of conducting a public hearing on Mary Lake Outlet which provides a new piped outlet to Mary Lake and is routed through Studer Pond located in the City of Excelsior. A draft copy of the Mary Lake Outlet Feasibility Study is on file with the City Administrator and is available for public inspection on the City’s website. PLEASE NOTE: Due to COVID-19, the public hearing may be conducted via telephone or other electronic means as allowed under Minnesota Statutes, Section13D.021. Please refer to the City of Shorewood's website at www.ci.shorewood.mn.us or call City Hall at 952-960-7900 to learn how to attend the public hearing via telephone or electronically, and information pertaining to the petition process. Written comments may be submitted electronically to the City Administrator at glerud@ci.shorewood.mn.us CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20-xxx A RESOLUTION CALLING A PUBLIC HEARING FOR MARY LAKE OUTLET CITY PROJECT 19-09 WHEREAS, Mary Lake is a landlocked with no natural outlet. The City has periodically pumped down the water level to protect structures and private property from damage; and WHEREAS, staff has worked with Barr Engineering in preparing a technical memo that evaluated several proposed alternatives with a recommended option to construct an 8” diameter pipe outlet; and WHEREAS, the Capital Improvement Plan (CIP) identifies improvements to provide an outlet from Mary Lake in 2020; and WHEREAS, the City Council has authorized Bolton & Menk to prepare a feasibility study for the Mary Lake Outlet and will present the feasibility study prior to a public hearing; and WHEREAS, the Mn Rule 6115.0221 Subp 4.D requires a public hearing to be held in order to issue a permit for the above work, and NOW THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SHOREWOOD, MINNESOTA AS FOLLOWS: 1. Public Hearing. The Council herby determines to call for and to hold a public hearing on the Mary Lake Outlet project, City Project 19-09, at a meeting of the Council to be held on June 22, 2020, commencing at approximately 7:00 P.M. 2. Publication. The staff of the City is hereby authorized and directed to cause a notice of public hearing in substantially the for attached to this resolution to be published in the City’s official newspaper not more than 28 and not less than 10 days prior to the scheduled public hearing date. th Adopted this 26 day of May, 2020. __________________________ Scott Zerby, Mayor Attest: ___________________________ Sandie Thone, City Clerk 9A MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title/Subject: Resolution 20-XX; On-Sale Liquor License Rebates Due to COVID-19 Pandemic Meeting Date: Tuesday, May 26, 2020 Prepared by: Sandie Thone, City Clerk/Human Resources Director Reviewed by: Greg Lerud, City Administrator Attachments: Resolution 20-XX Approving On-Sale Liquor License Rebates Due to COVID-19 Pandemic Policy Consideration: Shorewood City Code Chapter 401, Liquor Regulations provides for consideration of licensing establishments to sell on-sale and off-sale liquor in the city limits. Background: The City Council approved of and the following establishments successfully renewed their On-Sale liquor licenses for the 2020-2021 licensing period of June 1, 2020 through May 31, 2021 at the April 27, 2020 City Council meeting: American Legion 24450 Smithtown Road Club On-Sale/Sunday Tino’s Pizzeria 19215 MN Hwy 7 On-Sale Wine/Beer/Sunday As a result of the COVID-19 Pandemic and the Governor’s Stay at Home Order local On-Sale Establishments were required to close their doors as of March 17, 2020. Many are just thinking of re-opening options as June approaches. Those that were able to remain open for delivery and curbside pick-up were affected as well, as their Liquor sales ceased to exist until on April th 17 the Governor signed and enacted legislation allowing for Limited Off-Sale Alcohol Sales for Restaurants Closed by the Executive Order. The City’s Off-Sale Licensees have not been impacted by the COVID-19 restrictions. Staff is recommending that those business who have a city license, but were required to be closed, receive a refund of a portion of their license fee. The proposed Resolution of a rebate of 25% of On-Sale liquor license fees would be appropriate for the time these businesses were shuttered and in-line with what many cities are considering and have approved during this challenging time. It would result in the following rebates for Shorewood On-Sale Liquor Establishments: Establishment 2020-2021 On-Sale Fees Proposed 25% Rebate of Fees American Legion $1,500 $375 Tino’s Pizzeria $ 450 $112.50 The following Cities and Counties are among the many that have approved such rebates and fee reductions for On-Sale Liquor Licensees in their communities in Minnesota: Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 Lakeville 20% Fee Reduction Minneapolis Suspended fees during Closure Fergus Falls 25% Credit 3-Months (Mar17-June17) Owatonna Pro-Rated to Closures Crow Wing County 4-Month Reduction in On-Sale Fees Becker County Upon Request for Months Closed Rush City Pro-Rated to Closures Zimmerman 1-Month or $375 Credit Big Fork 2-Months (20%) Financial or Budget Considerations: Licensing fee rebates would total $487.50 against the 2020 revenue for Liquor License Fees that are set forth in the City’s fee schedule and have already been collected. Recommendation/Action Requested: Staff respectfully recommends the city council approve the attached Resolution Approving a 25% Rebate for On-Sale Liquor Licensees due to the shuttering of their businesses during the COVID-19 Pandemic. Motion, second, and simple majority vote required. Connection to Vision /Mission : Consistency in providing the community with quality public services and a variety of attractive amenities. CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20-XX A RESOLUTION APPROVING ON-SALE LIQUOR LICENSE REBATES DUE TO COVID-19 PANDEMIC WHEREAS, the following establishments successfully renewed their ON-Sale liquor licenses issued for the period of one year effective June 1, 2020 to May 31, 2021, consistent with the requirements and provisions of Chapter 401 of the Shorewood City Code, and Applicant Address License_______ American Legion 259 24450 Smithtown Road Club On-Sale/Sunday Tino’s Café Pizzeria 19215 MN Hwy 7 On-Sale Wine/Beer Sunday WHEREAS, as a result of the COVID-19 Pandemic and the Governor’s Stay at Home Order -19 local On-Sale Establishments were required to close their doors as of March 17, 2020. Those that were able to remain open for delivery and curbside pick-up were affected as well, as their Liquor sales ceased to exist until on April 17 th the Governor signed and enacted legislation allowing for limited Off-Sale Alcohol sales for restaurants closed by the Executive Order; and WHEREAS, the city council would like to help local businesses shuttered due to the COVID-19 Pandemic. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood approves a 25% rebate to On-Sale Liquor Establishments in the City of Shorewood as follows: Establishment Annual License Fee 25% Rebate Tino’s Café Pizzeria $1,500 $375 American Legion $450 $112.50 ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 26th day of May 2020. _______________________________ Scott Zerby, Mayor ______________________________ Sandie Thone, City Clerk 9B MEETING TYPE City of Shorewood Council Meeting Item Regular Meeting Title/Subject: Resolution 20-XX; Temporary Expansion of Outdoor Premises to On-Sale Liquor Establishments Meeting Date: Tuesday, May 26, 2020 Prepared by: Sandie Thone, City Clerk/Human Resources Director Reviewed by: Greg Lerud, City Administrator Attachments: Resolution 20-XX Approving Temporary Expansion of Outdoor Premises to On- Sale Liquor Establishments Background: On May 20, 2020 Governor Walz signed Emergency Executive Order 20-56 providing for bars and restaurants to open on June 1 for outdoor service so long as certain conditions including social distancing are maintained to prevent the spread of COVID-19. The MN Department of Public Safety, the League of MN Cities and Shorewood’s City Attorney have provided guidance to create a resolution that will allow Shorewood’s local On-Sale businesses to temporarily expand their outdoor service through an administrative process. This temporary approval process would be handled by the city clerk’s office in accordance with their respective On-Sale Licenses and communicated to all license holders upon approval. The attached resolution allows for a temporary administrative process to approve expanding the outdoor service for On-Sale establishments in Shorewood that meet the following regulations: 1) The retailer must provide the city with proof that their liquor liability insurance covers alcohol sales in any expanded outdoor spaces which, under MN Law, must be “compact and contiguous” to the main structure. 2) The city must approve a map of the extended areas which limits guests to 50 for the entire outdoor service area. Once city approves the map it must be sent to DPS, Alcohol and Gambling Enforcement Division. 3) Local zoning and building codes would apply to any physical expansions such as new or modified patios or decks. 4) Employees providing food or drink service must wear masks according to DEED guidance. Financial or Budget Considerations: This expanded temporary outdoor service approval would be at no-charge to Shorewood businesses. Recommendation/Action Requested: Staff respectfully recommends the city council approve the attached Resolution Approving a Temporary Expansion of Outdoor Premises to On-Sale Liquor Establishments in the City of Shorewood consistent with the Governor’s Emergency Executive Order 20-56. Motion, second, and simple majority vote required. Connection to Vision /Mission : Consistency in providing the community with quality public services, a healthy environment, and a variety of attractive amenities. Mission Statement: The City of Shorewood is committed to providing residents quality public services, a healthy environment, a variety of attractive amenities, a sustainable tax base, and sound financial management through effective, efficient, and visionary leadership. Page 1 CITY OF SHOREWOOD COUNTY OF HENNEPIN STATE OF MINNESOTA RESOLUTION 20-XX A RESOLUTION APPROVING TEMPORARY EXPANSION OF OUTDOOR PREMISES TO ON-SALE ESTABLISHMENTS IN SHOREWOOD WHEREAS, on May 20, 2020 Governor Walz signed Emergency Executive Order 20-56 providing for bars and restaurants to open on June 1 for outdoor service so long as certain conditions including social distancing are maintained to prevent the spread of COVID-19; and WHEREAS, the MN Department of Public Safety, the League of MN Cities and Shorewood’s City Attorney have provided guidance to create a resolution that will allow Shorewood’s local On-Sale businesses to temporarily expand their outdoor service through an administrative process; and WHEREAS, this temporary approval process would be handled by the city clerk’s office in accordance with their respective On-Sale Licenses and communicated to all license holders upon approval; and WHEREAS, the temporary administrative process would include Shorewood’s On-Sale Establishments meet the following regulations: 1) The retailer must provide the city with proof that their liquor liability insurance covers alcohol sales in any expanded outdoor spaces which, under MN Law, must be “compact and contiguous” to the main structure. 2) The city must approve a map of the extended areas which limits guests to 50 for the entire outdoor service area. Once city approves the map it must be sent to DPS, Alcohol and Gambling Enforcement Division. 3) Local zoning and building codes would apply to any physical expansions such as new or modified patios or decks. 4) Employees providing food or drink service must wear masks according to DEED guidance. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Shorewood approves a Temporary Expansion of Outdoor Premises for On-Sale Establishments. ADOPTED BY THE CITY COUNCIL of the City of Shorewood this 26th day of May 2020. _______________________________ Scott Zerby, Mayor ______________________________ Sandie Thone, City Clerk City of Shorewood General Fund Statement of Revenues, Expenditures and Changes in Through the Month Ended April 30, 2020 (Unaudited) CurrentCurrentCurrentPrior FinalYear-to-DateYear-to-DateVarianceYear-to-Date BudgetAmount% of BudgetWith FinalAmount 202004/30/2004/30/20Budget04/30/19 REVENUES: $ 5,856,611$ -0.0%$ (5,856,611)$ - Taxes Licenses and Permits 232,225 125,72454.1% (106,501) 184,586 Intergovernmental 123,500 53,41043.2% (70,090) 48,952 Charges for Services 52,860 10,97620.8% (41,884) 23,701 Fines and Forfeitures 60,000 14,43424.1% (45,566) 16,863 Special Assessments 5,000 -0.0% (5,000) - Miscellaneous 211,000 133,79163.4% (77,209) 141,234 Total Revenues 6,541,196 338,3355.2% (6,202,861) 415,336 EXPENDITURES: Current: General Government 1,495,185 572,17938.3% (923,006) 546,241 Public Safety 2,385,377 1,043,63843.8% (1,341,739) 1,074,928 Public Works 1,195,008 326,874 27.4% (868,134) 324,623 Parks and Recreation 324,596 75,87523.4% (248,721) 64,220 Total Expenditures 5,400,166 2,018,56637.4% (3,381,600) 2,010,012 Excess of Revenues Over (Under) Expenditures 1,141,030 (1,680,231)-147.3% (2,821,261) (1,594,676) OTHER SOURCES (USES): Transfers In 25,000 25,000100.0% - 25,000 Transfers Out (1,222,415) (1,222,415)100.0% - (1,646,305) Total Other Sources (Uses) (1,197,415) (1,197,415)100.0% - (1,621,305) Excess of Revenues & Other Sources Over (Under) Expenditures & Other Uses (56,385) (2,877,646)5103.6% (2,821,261) (3,215,981) FUND BALANCES: January 1 4,269,389 - 4,419,413 April 30$ 1,391,743$ (2,821,261)$ 1,203,432 BalanceBalance 20202019 CASH: $ 4,100,412$ 4,286,039 January 1 (2,722,068) (3,067,972) Increase (Decrease) in Cash April 30 $ 1,378,344$ 1,218,067 City of Shorewood General Fund Statement of Expenditures and Other Uses by Program Through the Month Ended April 30, 2020 (Unaudited) CurrentCurrentCurrentPrior FinalYear-to-DateYear-to-DateVarianceYear-to-Date BudgetAmount% of BudgetWith FinalAmount 202004/30/2004/30/20Budget04/30/19 EXPENDITURES: Current: General Government Council 84,100 26,14031.1% (57,960) 27,695 Administration 502,656 161,59632.1% (341,060) 155,823 Elections 26,000 6,43624.8% (19,564) - Finance 202,745 60,26029.7% (142,485) 64,856 Professional Services 252,000 112,89044.8% (139,110) 111,524 Planning 230,434 77,75133.7% (152,683) 67,038 Municipal Buildings 197,250 127,10664.4% (70,144) 119,305 Total General Government 1,495,185 572,17938.3% (923,006) 546,241 Public Safety Police Protection 1,507,501 645,01442.8% (862,487) 636,399 Fire Protection 693,325 346,66350.0% (346,662) 339,399 Protective Inspections 184,551 51,96128.2% 111,749 99,130 Total Public Safety 2,385,377 1,043,63843.8% (1,097,400) 1,074,928 Public Works City Engineer 90,250 42,702 47.3% (47,548) 12,640 Public Works Service 991,688 231,104 23.3% (760,584) 222,411 Ice and Snow Removal 113,070 53,068 46.9% (60,002) 89,572 Total Public Works 1,195,008 326,874 27.4% (868,134) 324,623 Parks and Recreation Park Maintenance 258,939 46,36417.9% (212,575) 41,763 Recreation 65,657 29,51144.9% (36,146) 22,457 Total Parks and Recreation 324,596 75,87523.4% (248,721) 64,220 Total Expenditures 5,400,166 2,018,56637.4% (3,137,261) 2,010,012 OTHER USES: Transfers Out: Southshore Center - Building 32,300 32,300 100.0% - 49,800 Southshore Center - Operations 70,000 70,000 100.0% - 70,000 EDA Debt City Hall 95,115 95,115 100.0% - 92,005 Equipment Replacement 95,000 95,000 100.0% - 172,500 Street Improvements 835,000 835,000 100.0% - 810,000 Park Capital 95,000 95,000 100.0% - 222,000 Manor Park Pond - - N/A - 230,000 Total Transfers Out 1,222,415 1,222,415100.0% - 1,646,305 Total Expenditures & Other Uses 6,622,581 3,240,98148.9% (3,137,261) 3,656,317